National procedures re enforcement of sentences imposed

Republic of Tajikistan

Criminal Executive Code of the Republic of Tajikistan


Section I. Principal provisions of the criminal executive legislation of the Republic of Tajikistan

Chapter 2. Legal status of convicted persons

Article 20. Right of convicted persons to personal security

1. Convicted persons have the right to personal security.

2. If there is a danger to life, health or a danger of committing any other personal crime against a convicted person by other persons, he is entitled to apply to any official of the institution in charge of execution of the penalties of liberty restraint, confinement, deprivation of liberty and detention in a disciplinary military unit with the request to provide security or transfer him to a safe place. In this case the official shall take immediate measures to provide personal security for the convicted person.

3. The chief of the institution upon application of the convicted person or on his own initiative shall make a decision to transfer the convicted person to a safe place or take other measures for prevention of a crime against convicted person, or he shall make a decision about a place of further punishment serving in accordance with order established by law.

4. Officials who did not take necessary measures for providing security of convicted persons shall be liable according to legislation of the Republic of Tajikistan.


Section V. Execution of the penalty of deprivation of liberty

Chapter 9. General provisions on execution of the penalty of deprivation of liberty

Article 70. Places of executing the penalty of deprivation of liberty
Persons sentenced to deprivation of liberty serve their punishment in correctional institutions.

Article 71. Types of correctional institutions

1. Correctional institutions include correctional colonies, educational colonies, prisons, and medical correctional institutions. Remand prisons function as correctional institutions in regard to convicts left to do household activities.

2. Adults sentenced to deprivation of liberty serve their punishment in correctional colonies and prisons. Correctional colonies are divided into colonies-settlements, colonies of general regime, intensive regime, strict regime and colonies of special regime.

3. Convicted persons mentioned in the first and fourth parts of Article 24 of the present Code shall serve their punishment in the medical correctional institutions.

4. Minors sentenced to deprivation of liberty, as well as the convicts left in educational colony until they reach the age of 20, shall serve their punishment in the educational colony.

Article 72. Determination of the correctional institution type for persons sentenced to deprivation of liberty

In accordance with the Article 58 of the Criminal Code of the Republic Tajikistan a court defines the type of correctional institution with appropriate regime, where a person sentenced to deprivation of liberty shall serve his punishment.

Article 73. Sending a person sentenced to deprivation of liberty to punishment serving

1. Persons sentenced to deprivation of liberty shall be sent to serve their punishment not later than within ten days since the administration of the remand prison received a notification that the punishment entered into its legal force. During this period a convicted person has a right to have a short-term meeting with close relatives or other persons.

2. The Ministry of Internal Affairs of the Republic of Tajikistan in accordance with the present Code defines the order of sending convicts to correctional institutions.

3. A personal file shall be created on every person sentenced to deprivation of liberty.

Rome Statute

Article 103 Role of States in enforcement of sentences of imprisonment


(a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.

(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.

(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.


(a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.

(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.

3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:

(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;

(b) The application of widely accepted international treaty standards governing the treatment of prisoners;

(c) The views of the sentenced person;

(d) The nationality of the sentenced person;

(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.

4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.